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People v. Miranda

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 1989
151 A.D.2d 321 (N.Y. App. Div. 1989)

Opinion

June 15, 1989

Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, J.).


Defendant's convictions resulted from his arrest for a single sale of two glassine envelopes, which contained heroin, to an undercover police officer for $30.

Although we have repeatedly held that the possession charge is not a lesser included offense of the sale charge (People v Perez, 139 A.D.2d 460, 461 [1st Dept 1988]; People v. Harrison, 136 A.D.2d 469, 470 [1st Dept 1988]), the People concede that since the possession charge flows from the sale charge, dismissal of the possession charge is appropriate (People v. Gaul, 63 A.D.2d 563 [1st Dept 1978], lv denied 45 N.Y.2d 780).

Accordingly, we modify the judgment to dismiss the charge of criminal possession of a controlled substance in the third degree.

We have considered the other points presented by defendant, and find them to be without merit.

Concur — Sullivan, J.P., Ross, Asch, Rosenberger and Ellerin, JJ.


Summaries of

People v. Miranda

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 1989
151 A.D.2d 321 (N.Y. App. Div. 1989)
Case details for

People v. Miranda

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL MIRANDA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 15, 1989

Citations

151 A.D.2d 321 (N.Y. App. Div. 1989)
542 N.Y.S.2d 585

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